§ 2-883. Moderate changes of use.

Prior to any moderate change of use of county property, the elected official or department head who seeks the change of use must obtain approval for such change, in writing, from the county executive or his designee.

(1)

No such authorization shall be given by the county executive or his designee unless the county executive or his designee first certifies in writing the following:

a.

That the proposed change of use meets all standards and regulations promulgated pursuant to the Americans with Disabilities Act;

b.

That the proposed change in use meets all county building code regulations;

c.

That funding sufficient for the upkeep and maintenance of the change of use is available; and

d.

That the plans for the change of use have been reviewed and approved by the county architect.

(2)

The county executive, at his discretion and in lieu of his approval or denial of the request, may instead forward the request for the change of use to the county commission. If the county executive so forwards the request, the office of the county commission shall place the request for approval on the agenda of the next regularly scheduled agenda committee meeting, whereupon it will be forwarded to the appropriate subcommittees prior to hearing by the full county commission. If the county commission is requested to approve a proposed moderate change of use of county property, it shall rely upon the criteria for approval contained in subsection (1) of this section in making its decision.

(3)

If the elected official or department head seeking the moderate change of use is aggrieved by a negative decision of the county executive or designee, he shall be entitled to appeal that decision to the county commission. Any such appeal shall be submitted in writing to the office of the county commission within 30 days of the date of the negative decision by the county executive or his designee. Upon receipt of such appeal, the office of the county commission shall place the matter on the agenda of the next regularly scheduled agenda committee meeting, whereupon it will be referred to the appropriate subcommittees prior to a full hearing by the county commission. If the county commission is requested to approve a proposed moderate change of use of county property, it shall rely upon the criteria for approval contained in subsection (1) of this section in making its decision. Any decision by the county commission as a result of this appeal shall be final.

(Ord. No. O-96-1-101, § 2, 2-26-96)